How to Handle Garden Disputes with Neighbours
- 2 days ago
- 3 min read
When dealing with a garden dispute, it’s important to ensure that a small problem doesn’t escalate into a big issue. Tall hedges, overgrown gardens, and fences are common areas where garden disputes with neighbours can arise. As dispute resolution solicitors, we advise property owners, landlords and business owners on boundary disputes including land and gardens. In this blog, we look at your rights and how to resolve a garden dispute amicably.
Common garden boundary disputes
The most common types of garden dispute includes high hedges, overhanging tree branches, and non-agreed alterations to shared fences or walls. Disputes with neighbours can also arise where works have been carried out that affect the property boundary in some way such as blocking out light. If you have an invasive plant that’s creeping into your garden, there are strict regulations regarding plants such as Japanese knotweed and giant hogweed.
Before you escalate the situation, you will need to determine whether your neighbour’s behaviour is in breach of regulations. If your neighbour has a complaint about your garden, then you will need to check that you are abiding with relevant legislation. In the first instance, approach your neighbour and try to resolve the matter diplomatically. If you cannot resolve the matter amicably, then seek advice from an experienced dispute resolution solicitor.
What is the legal height of a hedge between neighbours?
Although there is no exact maximum height for a hedge in the UK, if it exceeds 2 metres, then it’s deemed as a “high hedge”. You may have grounds to complain to your local council under the Anti-Social Behaviour Act 2003. Your local authority might be able to issue a notice to your neighbour asking them to reduce the height of the hedge. It’s also worth noting that some property deeds contain covenants that limit the height of boundary hedges.
However, it’s worth noting there is a legal 2-metre height restriction for a rear garden fence and a 1-metre restriction for a front garden fence. Anything higher than this would require planning permission. Also, if you construct a permanent structure such as a pergola within 2 metres of a boundary, this must not exceed 2.5 metres. When it comes to ownership, fences are usually considered shared boundaries, but the property deeds might specify ownership.
Your complaint should highlight how you are being affected by high hedges or fences - for example, reduced light to living areas or bedrooms. You will need to add specific details on how you are being impacted. This might include having to switch on lights for longer periods during the day or the effects on your garden being in shade. If a hedge or tree is causing damage, then be clear on where and how the roots or branches are impacting your garden.
What are my rights regarding a neighbour’s overgrown hedge?
Knowing your rights is important before you risk escalating a situation with a neighbour. If you have an issue with a neighbour’s hedge or tree, you are allowed to cut branches overhanging your property. These must be on your side of the boundary. As the branches are legally owned by your neighbour, ask them if you can dispose of these.
For large trees, you should consult a tree surgeon to minimise damage. However, where a tree has become dangerous and you believe it is likely to fall and cause harm, you can report this to the council.
Sometimes it can be hard to determine whether a hedge or tree is owned by you or a neighbour. This can happen when the trunk or main stem is on the boundary of two properties. You will need to check your property’s title deeds and plans, and you should be able to purchase copies from the Land Registry website.
Use an experienced solicitor for garden disputes
If you’re in dispute with a neighbour over a garden issue, then it’s important that you fully understand your responsibilities and any relevant legislation. Always attempt to resolve the matter as amicably as possible to avoid legal proceedings. Get professional advice from a dispute resolution solicitor with property law expertise who will negotiate with the neighbour.
At Salusbury Harding & Barlow, we regularly advise homeowners, landlords and businesses on garden, land and property boundary disputes. Our sympathetic, expert team will help you navigate the matter in relation to relevant legislation, keeping you on the right side of the law.
If you’re in dispute with a neighbour over a garden matter, please get in touch. Email: andrewwhitfield@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.
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